Sex abuse case vs ex-school bus driver dismissed

Superior Court Presiding Judge Robert C. Naraja yesterday dismissed without finality a sexual abuse case filed against a former Rota school bus driver.

Naraja dismissed without prejudice the case against James N. Kintaro following the recommendation of the Attorney General’s Office.

Naraja vacated the scheduled Dec. 9, 2008, jury trial of the 46-year-old Kintaro.

Chief Prosecutor Kevin A. Lynch, in the government’s motion to dismiss, explained that the parents of the minor victim informed the AGO that she is in an off-island school and that the December trial date will seriously and detrimentally affect her education.

Lynch said the parents had stated that “the court hearing on Dec. 9, 2008, would completely and totally devastate her emotionally, which, in turn, will also adversely affect her studies.”

Lynch said the government also understands that the victim expects to graduate in 2009 and that the trial will be “at the expense of our daughter not graduating from high school.”

Finally, the chief prosecutor said, the government has been told that the victim’s school will not allow her to return to the CNMI to participate in the Dec. 9 trial.

“The Commonwealth has twice attempted unsuccessfully to continue the trial until June 2009 to allow for the victim’s graduation and to minimize her emotional devastation. The minor is a necessary witness in the case,” Lynch said.

Under the facts of the situation, he said, the Commonwealth must consider the negative impact on the victim and the statements of the parents regarding the effect of proceeding to trial.

“The Commonwealth has elected to exercise the option of dismissal of the case without prejudice with the option to recharge the case at a later time, rather than proceed to trial with knowledge that the effect will negatively impact the victim in the near and long terms,” Lynch said.

Kintaro is being charged with sexual assault in the first degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, and sexual abuse of a minor in the second degree.

Police said that on May 8, 2007, the Rota Department of Public Safety received a call from a man reporting a sexual abuse involving a 16-year-old girl.

The girl alleged that Kintaro took her from the school parking lot using the Public School System van.

The defendant drove the girl to a house next to the Commonwealth Utilities Corp.’s power plant where he allegedly offered her marijuana, which she refused.

When they entered the room of the house, Kintaro allegedly sexually assaulted the girl.